BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Thank you for your response warwick65.

The website was not functioning correctly and would not register my defence on the 11th, I tried a number of times. I then phoned the court at around 16.20 and asked why I couldn't register my claim on line, I was told to sent an email to ccbcaq@hmcts.gsi.gov.uk which I duly did with my defence attached as a word document at 16.40.

I had an automated response email saying they had received my email.

Checked on line this morning and the site has my defence recorded as registered today, which is okay I guess as it is the last day of the 28 days from the date of issue (10th of March) plus the 5 days allowed for assumed delivery. so just in time.

I have not sent an SAR to Capital One (Europe) Ltd.

I did send a CRP 31.14 but have had no response other than a letter (shown previously above) saying the matter was on hold from BW Legal, other than that absolutely no response from either Lowell or BW regarding actual documents.

What should I expect to happen next?

Kind regards
DavidN

[nemesis45]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Thank you for your response warwick65.

The website was not functioning correctly and would not register my defence on the 11th, I tried a number of times. I then phoned the court at around 16.20 and asked why I couldn't register my claim on line, I was told to sent an email to ccbcaq@hmcts.gsi.gov.uk which I duly did with my defence attached as a word document at 16.40.

I had an automated response email saying they had received my email.

Checked on line this morning and the site has my defence recorded as registered today, which is okay I guess as it is the last day of the 28 days from the date of issue (10th of March) plus the 5 days allowed for assumed delivery. so just in time.

I have not sent an SAR to Capital One (Europe) Ltd.

I did send a CRP 31.14 but have had no response other than a letter (shown previously above) saying the matter was on hold from BW Legal, other than that absolutely no response from either Lowell or BW regarding actual documents.

What should I expect to happen next?

Kind regards
DavidN

Good morning,
Your defence will be forwarded to the claimant/solicitors who then have 28 days to respond from the date they receive the defence, if they don't respond in time the court will stay (suspend) the claim and the claimant must pay a fee to lift the stay.

nem

[Diana M]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

I have not sent an SAR to Capital One (Europe) Ltd.

I did send a CRP 31.14 but have had no response other than a letter (shown previously above) saying the matter was on hold from BW Legal, other than that absolutely no response from either Lowell or BW regarding actual documents.

What should I expect to happen next?

You need to send that SAR to Capital One pronto.

It will give you the history of the account including the Transaction Log which can confirm whether the documents eventually produced by the Claimant are 'honest and accurate'.

They may not have disclosed any paperwork yet but I would expect them to be busy reconstituting them as we speak.

Di

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Hi Diana M, and thank you for your response above, however, I'm a little confused so please excuse my ignorance regarding this matter.

I sent the necessary document request with a £1 postal order to Lowell Portfolio 1 Ltd, who are the claimant in this case as the debt was reassigned or sold by Capital One (Europe) Ltd. I also sent a copy of that request with an accompanying letter to BW Legal as they are acting for the claimant.

I wasn't aware that i had to send anything to Capital One (Europe) Ltd as I understood that they were no longer a creditor. Have I been missing something here? I have not seen this action reflected elsewhere, why do i need to send an SAR to the original creditor please explain in more detail.

Sorry to be a pain!

Kind regards
DavidN

[warwick65]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

You need to send that SAR to Capital One pronto.

It will give you the history of the account including the Transaction Log which can confirm whether the documents eventually produced by the Claimant are 'honest and accurate'.

They may not have disclosed any paperwork yet but I would expect them to be busy reconstituting them as we speak.

Di

I can't say too much but my SAR from capital One and what the claimants are saying are not identical - hopefully it will be of some use

[MIKE770]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

You need to send that SAR to Capital One pronto.

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Hi Diana M, and thank you for your response above, however, I'm a little confused so please excuse my ignorance regarding this matter.

I sent the necessary document request with a £1 postal order to Lowell Portfolio 1 Ltd, who are the claimant in this case as the debt was reassigned or sold by Capital One (Europe) Ltd. I also sent a copy of that request with an accompanying letter to BW Legal as they are acting for the claimant.

I wasn't aware that i had to send anything to Capital One (Europe) Ltd as I understood that they were no longer a creditor. Have I been missing something here? I have not seen this action reflected elsewhere, why do i need to send an SAR to the original creditor please explain in more detail.

Sorry to be a pain!

Kind regards
DavidN

[MIKE770]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Capital one was original creditor - the CCA1974 should be held by them, lowells etc on get a name address an amount owed on buying from them no documents.

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Where do I find the SAR template please and do I need to enclose £1 postal order with it?

[MIKE770]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

SAR is £10.00

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

I know I'm probably being really thick here, but, I can't find the SAR template, can anyone direct me to it please?

[MIKE770]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Dear Sir or Madam

Subject access request

[Your full name and address and any other details to help identify you and the information you want.]

Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to: [give specific details of the information you want, for example

· your personnel file;
· emails between ‘A’ and ‘B’ (between 1/6/11 and 1/9/11);
· your medical records (between 2006 & 2009) held by Dr ‘C’ at ‘D’ hospital;
· CCTV camera situated at (‘E’ location) on 23/5/12 between 11am and 5pm;
· copies of statements (between 2006 & 2009) held in account number xxxxx).

If you need any more information from me, or a fee, please let me know as soon as possible.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk

Yours faithfully
[Signature]

[warwick65]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Hi David

When I sent my SAR, Cap 1 were very quick to respond but they did not send everything I asked for, I have had to write again asking for all the details that were missing

Just so you are forewarned

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Thanks for your response MIKE770, it's much appreciated!

1. Do I just send the letter with the £10 postal order included?
2. I have included my name, address, DOB, Card Number.
3. I have asked for copies of statements between 22/04/09 to date.
4. Do I need to include the address that the card was first taken our from, as this is different from my current address?
5. The account number shown on Noddle Credit File does not match the card number shown under Lowell Portfolio 1 Ltd!
6. Is there anything else I need to include that you can think of?

Kind regards
DavidN

[nemesis45]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Thanks for your response MIKE770, it's much appreciated!

1. Do I just send the letter with the £10 postal order included?
2. I have included my name, address, DOB, Card Number.
3. I have asked for copies of statements between 22/04/09 to date.
4. Do I need to include the address that the card was first taken our from, as this is different from my current address?
5. The account number shown on Noddle Credit File does not match the card number shown under Lowell Portfolio 1 Ltd!
6. Is there anything else I need to include that you can think of?

Kind regards
DavidN

Yes!

If you had more than one address during the life of the account make sure you list them. A current utility bill to confirm you address also saves time.

Lowell change the account numbers to suit their systems and then head credit files with " Credit Card From Lowell".

nem